S T A T E O F N E W Y O R K
________________________________________________________________________
5679
2009-2010 Regular Sessions
I N A S S E M B L Y
February 17, 2009
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Introduced by M. of A. BRENNAN, COLTON, DINOWITZ, GLICK, GOTTFRIED,
GREENE, JACOBS, JAFFEE, JEFFRIES, MAYERSOHN, ROBINSON, ROSENTHAL,
KAVANAGH, FARRELL, LANCMAN, SCHIMEL, WRIGHT, V. LOPEZ, ORTIZ, KELLNER,
CAMARA, SPANO, TITUS, ESPAILLAT, CASTRO -- Multi-Sponsored by -- M. of
A. ALFANO, BING, BOYLAND, BRADLEY, BROOK-KRASNY, DIAZ, HEASTIE, HOOP-
ER, LATIMER, MILLMAN, PERRY, PRETLOW, J. RIVERA, TOWNS, WEISENBERG --
read once and referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to making conforming technical changes; and to repeal paragraph 13 of
subdivision a of section 5 of section 4 of chapter 576 of the laws of
1974 constituting the emergency tenant protection act of nineteen
seventy-four, paragraph (n) of subdivision 2 of section 2 of chapter
274 of the laws of 1946, constituting the emergency housing rent
control law, and section 26-504.2 and subparagraph (k) of paragraph 2
of subdivision e of section 26-403 of the administrative code of the
city of New York, relating to vacancy decontrol
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds that a serious public emergen-
cy continues to exist in the housing of a considerable number of persons
within the state of New York and will continue to exist after January 1,
2009, hereby reaffirms the findings and declarations set forth in
section 2 of the emergency tenant protection act of nineteen seventy-
four, section 1 of the emergency housing rent control law, sections
26-401 and 26-501 of the administrative code of the city of New York
and, hereby declares that the provisions of this act are necessary and
in the public interest.
S 2. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act of nineteen seventy-four is REPEALED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04270-03-9
A. 5679 2
S 3. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
laws of 1946, constituting the emergency housing rent control law is
REPEALED.
S 4. Section 26-504.2 of the administrative code of the city of New
York is REPEALED.
S 5. Subparagraph (k) of paragraph 2 of subdivision e of section
26-403 of the administrative code of the city of New York is REPEALED.
S 6. The provisions of this act shall apply to any housing accommo-
dations that were or became vacant on or after January 1, 2009.
Notwithstanding the provisions of any lease or rental agreement, the
legal regulated rent or maximum collectible rent of any housing accommo-
dation excluded from regulation on or after January 1, 2009 by reason of
the provisions repealed by sections two, three, four and five of this
act shall be the legal regulated rent or maximum collectible rent appli-
cable to such accommodations on December 31, 2008, subject to further
adjustment in accordance with applicable provisions of law.
S 7. Any housing accommodations that were previously excluded from
coverage from the emergency tenant protection act of nineteen seventy-
four, the emergency housing rent control law, or the administrative code
of the city of New York pursuant to the provisions of law repealed by
sections two, three, four, and five of this act, and where such housing
accommodations were rented to a tenant on or after January 1, 2009 for
less than three thousand dollars per month, shall be subject to the
provisions of such act, law, or administrative code, respectively.
Notwithstanding the provisions of any lease or rental agreement, the
legal regulated rent or maximum collectible rent of any housing accommo-
dation excluded from regulation prior to January 1, 2009 by reason of
the provisions repealed by sections two, three, four and five of this
act and made subject to regulation because such accommodation was rented
to a tenant on or after January 1, 2009 for less than three thousand
dollars per month shall be the actual rent applicable to such accommo-
dations on January 1, 2009 or the first rent applicable to such accommo-
dation after January 1, 2009, subject to further adjustment in accord-
ance with applicable provisions of law.
S 8. Paragraph 14 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as added by chapter 82 of the laws
of 2003, is amended to read as follows:
(14) provides that where the amount of rent charged to and paid by the
tenant is less than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which may be
charged upon renewal or upon vacancy thereof may, at the option of the
owner, be based upon such previously established legal regulated rent,
as adjusted by the most recent applicable guidelines increases and any
other increases authorized by law. [Where, subsequent to vacancy, such
legal regulated rent, as adjusted by the most recent applicable guide-
lines increases and any other increases authorized by law is two thou-
sand dollars or more per month, such housing accommodation shall be
excluded from the provisions of this law pursuant to section 26-504.2 of
this chapter.]
S 9. Subdivision a-2 of section 10 of section 4 of chapter 576 of the
laws of 1974 constituting the emergency tenant protection act of nine-
teen seventy-four, as added by chapter 82 of the laws of 2003, is
amended to read as follows:
a-2. Provides that where the amount of rent charged to and paid by the
tenant is less than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which may be
A. 5679 3
charged upon renewal or upon vacancy thereof may, at the option of the
owner, be based upon such previously established legal regulated rent,
as adjusted by the most recent applicable guidelines increases and other
increases authorized by law. [Where, subsequent to vacancy, such legal
regulated rent, as adjusted by the most recent applicable guidelines
increases and any other increases authorized by law is two thousand
dollars or more per month, such housing accommodation shall be excluded
from the provisions of this act pursuant to paragraph thirteen of subdi-
vision a of section five of this act.]
S 10. Paragraph 14 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by section eight of
this act, is amended to read as follows:
(14) provides that where the amount of rent charged to and paid by the
tenant is less than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which may be
charged upon [renewal or upon] vacancy thereof may, at the option of the
owner, be based upon such previously established legal regulated rent,
as adjusted by the most recent applicable guidelines increases and any
other increases authorized by law.
S 11. Subdivision a-2 of section 10 of section 4 of chapter 576 of the
laws of 1974 constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by section nine of this act, is amended to
read as follows:
a-2. Provides that where the amount of rent charged to and paid by the
tenant is less than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which may be
charged upon [renewal or upon] vacancy thereof may, at the option of the
owner, be based upon such previously established legal regulated rent,
as adjusted by the most recent applicable guidelines increases and other
increases authorized by law.
S 12. This act shall take effect immediately; provided, however, that:
(a) the provisions of sections one through nine of this act shall be
deemed to have been in full force and effect on and after January 1,
2009;
(b) the amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York made by section eight of
this act shall expire on the same date as such law expires and shall not
affect the expiration of such law as provided under section 26-520 of
such law;
(c) the amendments to subdivision a-2 of section 10 of section 4 of
the emergency tenant protection act of nineteen seventy-four made by
section nine of this act shall expire on the same date as such act
expires and shall not affect the expiration of such act as provided in
section 17 of chapter 576 of the laws of 1974;
(d) the amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York made by section ten of this
act shall expire on the same date as such law expires and shall not
affect the expiration of such law as provided under section 26-520 of
such law; and
(e) the amendments to subdivision a-2 of section 10 of section 4 of
the emergency tenant protection act of nineteen seventy-four made by
section eleven of this act shall expire on the same date as such act
expires and shall not affect the expiration of such act as provided in
section 17 of chapter 576 of the laws of 1974.